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The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006 No. 486

Draft Order laid before the Scottish Parliament under section 98(5) of the Land Reform (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2006 No.

LAND REFORM

The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006

Made

2006

Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred by section 33(2) of the Land Reform (Scotland) Act 2003(1), hereby make the following Order, a draft of which has, in accordance with section 98(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006 and shall come into force on the day after the day on which it is made.

(2) In this Order “the Act” means the Land Reform (Scotland) Act 2003.

Excluded land

2.—(1) There is designated as excluded land for the purposes of section 33 of the Act, the land comprising the settlements listed in the Schedule to this Order.

(2) The boundaries of the settlements specified in the Schedule to this Order are the boundaries which are delineated on the maps entitled “The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006: Definitive Maps”(2).

(3) Foreshore which is adjacent to the settlements specified in the Schedule to this Order is excluded land for the purposes of section 33 of the Act.

Revocation

3.  The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2004(3) is revoked.

Authorised to sign by the Scottish Ministers

Pentland House,

Edinburgh

2006

Article 2

SCHEDULE

NAMENAME
AberdeenGlenrothes
AlloaGreenock
ArbroathHamilton
ArdrossanHawick
AyrHelensburgh
BathgateInverness
Bo'nessInverurie
BonnybridgeIrvine
BroxburnKilmarnock
BuckhavenKilwinning
CarlukeKirkcaldy
CarnoustieKirkintilloch
CowdenbeathLargs
CumbernauldLarkhall
DalkeithLinlithgow
DumbartonLivingston
DumfriesMontrose
DundeePenicuik
DunfermlinePerth
East KilbridePeterhead
EdinburghSt Andrews
ElginStirling
ErskineStonehaven
FalkirkStranraer
ForfarTroon
FraserburghWesthill (Aberdeenshire)
GalashielsWhitburn
Glasgow

Explanatory Note

(This note is not part of the Order)

This Order designates what is “excluded land” for the purposes of section 33 of the Land Reform (Scotland) Act 2003 (“the Act”).

Article 2(1) and (2) designates as “excluded land” the settlements listed in the Schedule to the Order. The boundaries of the settlements are delineated on maps known as “The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006: Definitive Maps”. The effect of a settlement being so designated is that a community body (as defined in section 34 of the Act) is not permitted to register an interest in the Register of Community Interests in Land in any land forming part of the settlement.

Article 2(3) makes clear that foreshore which is adjacent to any settlement listed in the Schedule to the Order is excluded land.

Copies of the designated maps are available for public inspection free of charge during opening hours, as displayed at the following locations:–

(a)the Scottish Executive Library, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD;

(b)the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 4TY (Tel: 0131 244 6003); and

(c)the Agricultural Area Offices specified in the following table;

Area OfficeAddressTel. No.
AyrRussell House, King Street, Ayr, KA8 0BE01292 610188
DumfriesGovernment Buildings, 161 Brooms Road, Dumfries, DG1 3ES01387 274400
Elgin32 Reidhaven Street, Elgin, IV30 1VE01343 547514
GalashielsCotgreen Road, Tweedbank, Galashiels, TD1 3SG01896 892400
HamiltonCadzow Court, 3 Wellhall Road, Hamilton, ML3 9BG01698 281166
Inverness28 Longman Road, Inverness, IV1 1SF01463 234141
PerthBroxden Business Park, Lamberkine Drive, Perth, PH1 1RZ01738 602000
ThainstoneThainstone Court, Inverurie, AB51 5YA01467 626222

Note: Agricultural Area Offices only hold copies of maps relevant to their areas. Copies of these maps are not available at other Agricultural Area Offices as these areas contain no settlements.

(2)

The maps were prepared by the Scottish Executive Geographic Information Service and deposited at the Offices of the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.

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